http://www.courier-journal.com/article/20120118/NEWS02/301180116/clark-county-airport-judgment?odyssey=nav%7Chead
The Clark County, Indiana airport condemnation offers some interesting issues.
The issue of replying in a timely fashion to a Summons and Complaint is specific to each jurisdiction. However, the notion of whether the appropriate service is given may be an issue of Due Process. One can expect the Clark County case to be litigated not only as to the value, but whether the appropriate process for the eminent domain action has been provided and not responded to by the owner.
Clark County Attorney Greg Fifer argues in a motion filed Tuesday that Margaret Dreyer filed her disagreement with appraisals on her property too late to get the additional money that a jury says she is due.
John Mead, Dreyer’s lawyer, said in a telephone interview Wednesday that he is confident his client ultimately will receive the judgment she was awarded, plus interest.
"She didn’t get the required notice," Mead said, explaining that the state law Fifer based his motion on says a landowner must receive a notice by certified mail saying property is being taken by eminent domain and what the property owner will be paid for it.
